Letter AmdBill 1.8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222, 9-222.1, 9-222.2, 9-250, and 9-252.1, and Article Articles X and XI of this Act are fully and equally applicable to competitive

AMENDMENT TO SENATE BILL 107

AMENDMENT NO. ______. Amend Senate Bill 107, AS AMENDED, by

replacing everything after the enacting clause with the

following:

"Section 5. The High Speed Internet Services and

Information Technology Act is amended by changing Sections 20

and 25 as follows:

(20 ILCS 661/20)

Sec. 20. Duties of the enlisted nonprofit organization.

(a) The high speed Internet deployment strategy and demand

creation initiative to be performed by the nonprofit

organization shall include, but not be limited to, the

following actions:

(1) Create a geographic statewide inventory of high

speed Internet service and other relevant broadband and

information technology services. The inventory shall:

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*LRB09605740AMC41100a*

Rep. Kevin A. McCarthy

Filed: 5/3/2010

09600SB0107ham003 LRB096 05740 AMC 41100 a

(A) identify geographic gaps in high speed

Internet service through a method of GIS mapping of

service availability and GIS analysis at the census

block level; and

(B) provide a baseline assessment of statewide

high speed Internet deployment in terms of percentage

of Illinois households with high speed Internet

availability; and .

(C) collect from Facilities-based Providers of

Broadband Connections to End User Locations the

information provided pursuant to the agreements

entered into with the non-profit organization as of the

effective date of this amendatory Act of the 96th

General Assembly or similar information from

Facilities-based Providers of Broadband Connections to

End User Locations that do not have the agreements on

said date.

For the purposes of item (C), "Facilities-based

Providers of Broadband Connections to End User

Locations" shall have the same meaning as that term is

defined in Section 13-407 of the Public Utilities Act.

(2) Track and identify, through customer interviews

and surveys and other publicly available sources,

statewide residential and business adoption of high speed

Internet, computers, and related information technology

and any barriers to adoption.

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(3) Build and facilitate in each county or designated

region a local technology planning team with members

representing a cross section of the community, including,

but not limited to, representatives of business, K-12

education, health care, libraries, higher education,

community-based organizations, local government, tourism,

parks and recreation, and agriculture. Each team shall

benchmark technology use across relevant community

sectors, set goals for improved technology use within each

sector, and develop a plan for achieving its goals, with

specific recommendations for online application

development and demand creation.

(4) Collaborate with high speed Internet providers and

technology companies to encourage deployment and use,

especially in underserved areas, by aggregating local

demand, mapping analysis, and creating market intelligence

to improve the business case for providers to deploy.

(5) Collaborate with the Department in developing a

program to increase computer ownership and broadband

access for disenfranchised populations across the State.

The program may include grants to local community

technology centers that provide technology training,

promote computer ownership, and increase broadband access.

(6) Collaborate with the Department and the Illinois

Commerce Commission regarding the collection of the

information required by this Section to assist in

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monitoring and analyzing the broadband markets and the

status of competition and deployment of broadband services

to consumers in the State, including the format of

information requested, provided the Commission enters into

the proprietary and confidentiality agreements governing

such information.

(b) The nonprofit organization may apply for federal grants

consistent with the objectives of this Act.

(c) The Department of Commerce and Economic Opportunity

shall use the funds in the High Speed Internet Services and

Information Technology Fund to (1) provide grants to the

nonprofit organization enlisted under this Act and (2) for any

costs incurred by the Department to administer this Act.

(d) The nonprofit organization shall have the power to

obtain or to raise funds other than the grants received from

the Department under this Act.

(e) The nonprofit organization and its Board of Directors

shall exist separately and independently from the Department

and any other governmental entity, but shall cooperate with

other public or private entities it deems appropriate in

carrying out its duties.

(f) Notwithstanding anything in this Act or any other Act

to the contrary, any information that is designated

confidential or proprietary by an entity providing the

information to the nonprofit organization or any other entity

to accomplish the objectives of this Act shall be deemed

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confidential, proprietary, and a trade secret and treated by

the nonprofit organization or anyone else possessing the

information as such and shall not be disclosed.

(g) The nonprofit organization shall provide a report to

the Commission on Government Forecasting and Accountability on

an annual basis for the first 3 complete State fiscal years

following its enlistment.

(Source: P.A. 95-684, eff. 10-19-07.)

(20 ILCS 661/25)

Sec. 25. Scope of authority. Nothing in this Act shall be

construed as giving the Department of Commerce and Economic

Opportunity, the nonprofit organization, or other entities any

additional authority, regulatory or otherwise, over providers

of telecommunications, broadband, and information technology.

However, the Department shall have the authority to require

Facilities-based Providers of Broadband Connections to End

User Locations to provide information pursuant to subsection

(c) of Section 20. Upon request, any and all information

collected pursuant to subsection (c) of Section 20 that is

provided to the enlisted nonprofit organization shall be

provided to the Department, provided the Department enters into

the proprietary and confidentiality agreements governing such

information.

(Source: P.A. 95-684, eff. 10-19-07.)

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Section 10. The Public Utilities Act is amended by changing

Sections 13-101, 13-202, 13-301, 13-406, 13-407, 13-503,

13-505, 13-509, 13-703, 13-704, 13-712, 13-1200, and 22-501 and

by adding Sections 13-234, 13-235, 13-401.1, 13-506.2, 13-804,

13-900.1, and 13-900.2 as follows:

(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-101. Application of Act to telecommunications

rates and services. Except to the extent modified or

supplemented by the specific provisions of this Article, the

Sections of this Act pertaining to public utilities, public

utility rates and services, and the regulation thereof, are

fully and equally applicable to noncompetitive

telecommunications rates and services, and the regulation

thereof, except where the context clearly renders such

provisions inapplicable. Except to the extent modified or

supplemented by the specific provisions of this Article,

Articles I through V, Sections 8-301, 8-305, 8-502, 8-503,

8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222, 9-222.1, 9-222.2,

9-250, and 9-252.1, and Article Articles X and XI of this Act

are fully and equally applicable to competitive

telecommunications rates and services, and the regulation

thereof except that Section 9-250 shall not apply to

competitive retail telecommunications services; in addition,

as to competitive telecommunications rates and services, and

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the regulation thereof, and with the exception of competitive

retail telecommunications service rates and services, all

rules and regulations made by a telecommunications carrier

affecting or pertaining to its charges or service to the public

shall be just and reasonable, provided that nothing in this

Section shall be construed to prevent a telecommunications

carrier from accepting payment electronically or by the use of

a customer-preferred financially accredited credit or debit

methodology. As of the effective date of this amendatory Act of

the 92nd General Assembly, Sections 4-202, 4-203, and 5-202 of

this Act shall cease to apply to telecommunications rates and

services.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-202. "Telecommunications carrier" means and

includes every corporation, company, association, joint stock

company or association, firm, partnership or individual, their

lessees, trustees or receivers appointed by any court

whatsoever that owns, controls, operates or manages, within

this State, directly or indirectly, for public use, any plant,

equipment or property used or to be used for or in connection

with, or owns or controls any franchise, license, permit or

right to engage in the provision of, telecommunications

services between points within the State which are specified by

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the user. "Telecommunications carrier" includes an Electing

Provider, as defined in Section 13-506.2. Telecommunications

carrier does not include, however:

(a) telecommunications carriers that are owned and

operated by any political subdivision, public or private

institution of higher education or municipal corporation of

this State, for their own use, or telecommunications carriers

that are owned by such political subdivision, public or private

institution of higher education, or municipal corporation and

operated by any of its lessees or operating agents, for their

own use;

(b) telecommunications carriers which are purely mutual

concerns, having no rates or charges for services, but paying

the operating expenses by assessment upon the members of such a

company and no other person but does include telephone or

telecommunications cooperatives as defined in Section 13-212;

(c) a company or person which provides telecommunications

services solely to itself and its affiliates or members or

between points in the same building, or between closely located

buildings, affiliated through substantial common ownership,

control or development; or

(d) a company or person engaged in the delivery of

community antenna television services as described in

subdivision (c) of Section 13-203, except with respect to the

provision of telecommunications services by that company or

person.

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(Source: P.A. 87-856.)

(220 ILCS 5/13-234 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-234. Interconnected voice over Internet protocol

service. "Interconnected voice over Internet protocol service"

or "Interconnected VoIP service" has the meaning prescribed in

47 CFR 9.3 as defined on the effective date of this amendatory

Act of the 96th General Assembly or as the amended thereafter.

(220 ILCS 5/13-235 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-235. Interconnected voice over Internet protocol

provider. "Interconnected voice over Internet protocol

provider" or "Interconnected VoIP provider" means and includes

every corporation, company, association, joint stock company

or association, firm, partnership, or individual, their

lessees, trustees, or receivers appointed by any court

whatsoever that owns, controls, operates, manages, or provides

within this State, directly or indirectly, Interconnected

voice over Internet protocol service.

(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-301. Duties of the Commission.

(1) Consistent with the findings and policy established in

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paragraph (a) of Section 13-102 and paragraph (a) of Section

13-103, and in order to ensure the attainment of such policies,

the Commission shall:

(a) participate in all federal programs intended to

preserve or extend universal telecommunications service,

unless such programs would place cost burdens on Illinois

customers of telecommunications services in excess of the

benefits they would receive through participation,

provided, however, the Commission shall not approve or

permit the imposition of any surcharge or other fee

designed to subsidize or provide a waiver for subscriber

line charges; and shall report on such programs together

with an assessment of their adequacy and the advisability

of participating therein in its annual report to the

General Assembly, or more often as necessary;

(b) (Blank) establish a program to monitor the level of

telecommunications subscriber connection within each

exchange in Illinois, and shall report the results of such

monitoring and any actions it has taken or recommends be

taken to maintain and increase such levels in its annual

report to the General Assembly, or more often if necessary;

(c) order all telecommunications carriers offering or

providing local exchange telecommunications service to

propose low-cost or budget service tariffs and any other

rate design or pricing mechanisms designed to facilitate

customer access to such telecommunications service,

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provided that services offered by any telecommunications

carrier at the rates, terms, and conditions specified in

Section 13-506.2 or Section 13-518 of this Article shall

constitute compliance with this Section. A

telecommunications carrier may seek Commission approval of

other low-cost or budget service tariffs or rate design or

pricing mechanisms to comply with this Section and shall

after notice and hearing, implement any such proposals

which it finds likely to achieve such purpose;

(d) investigate the necessity of and, if appropriate,

establish a universal service support fund from which local

exchange telecommunications carriers who pursuant to the

Twenty-Seventh Interim Order of the Commission in Docket

No. 83-0142 or the orders of the Commission in Docket No.

97-0621 and Docket No. 98-0679 received funding and whose

economic costs of providing services for which universal

service support may be made available exceed the affordable

rate established by the Commission for such services may be

eligible to receive support, less any federal universal

service support received for the same or similar costs of

providing the supported services; provided, however, that

if a universal service support fund is established, the

Commission shall require that all costs of the fund be

recovered from all local exchange and interexchange

telecommunications carriers certificated in Illinois on a

competitively neutral and nondiscriminatory basis. In

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establishing any such universal service support fund, the

Commission shall, in addition to the determination of costs

for supported services, consider and make findings

pursuant to subsection (2) paragraphs (1), (2), and (4) of

item (e) of this Section. Proxy cost, as determined by the

Commission, may be used for this purpose. In determining

cost recovery for any universal service support fund, the

Commission shall not permit recovery of such costs from

another certificated carrier for any service purchased and

used solely as an input to a service provided to such

certificated carrier's retail customers. ; and

(2) (e) investigate the necessity of and, if appropriate,

establish a universal service support fund in addition to any

fund that may be established pursuant to item (d) of this

Section; provided, however, that if a telecommunications

carrier receives universal service support pursuant to item (d)

of this Section, that telecommunications carrier shall not

receive universal service support pursuant to this item.

Recipients of any universal service support funding created by

this item shall be "eligible" telecommunications carriers, as

designated by the Commission in accordance with 47 U.S.C.

214(e)(2). Eligible telecommunications carriers providing

local exchange telecommunications service may be eligible to

receive support for such services, less any federal universal

service support received for the same or similar costs of

providing the supported services. If a fund is established, the

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Commission shall require that the costs of such fund be

recovered from all telecommunications carriers, with the

exception of wireless carriers who are providers of two-way

cellular telecommunications service and who have not been

designated as eligible telecommunications carriers, on a

competitively neutral and non-discriminatory basis. In any

order creating a fund pursuant to paragraph (d) of subsection

(1) this item, the Commission, after notice and hearing, shall:

(a) (1) Define the group of services to be declared

"supported telecommunications services" that constitute

"universal service". This group of services shall, at a

minimum, include those services as defined by the Federal

Communications Commission and as from time to time amended.

In addition, the Commission shall consider the range of

services currently offered by telecommunications carriers

offering local exchange telecommunications service, the

existing rate structures for the supported

telecommunications services, and the telecommunications

needs of Illinois consumers in determining the supported

telecommunications services. The Commission shall, from

time to time or upon request, review and, if appropriate,

revise the group of Illinois supported telecommunications

services and the terms of the fund to reflect changes or

enhancements in telecommunications needs, technologies,

and available services.

(b) (2) Identify all implicit subsidies contained in

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rates or charges of incumbent local exchange carriers,

including all subsidies in interexchange access charges,

and determine how such subsidies can be made explicit by

the creation of the fund.

(3) Identify the incumbent local exchange carriers'

economic costs of providing the supported

telecommunications services.

(c) (4) Establish an affordable price for the supported

telecommunications services for the respective incumbent

local exchange carrier. The affordable price shall be no

less than the rates in effect at the time the Commission

creates a fund pursuant to this item. The Commission may

establish and utilize indices or models for updating the

affordable price for supported telecommunications

services.

(5) Identify the telecommunications carriers from whom

the costs of the fund shall be recovered and the mechanism

to be used to determine and establish a competitively

neutral and non-discriminatory funding basis. From time to

time, or upon request, the Commission shall consider

whether, based upon changes in technology or other factors,

additional telecommunications providers should contribute

to the fund. The Commission shall establish the basis upon

which telecommunications carriers contributing to the fund

shall recover contributions on a competitively neutral and

non-discriminatory basis. In determining cost recovery for

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any universal support fund, the Commission shall not permit

recovery of such costs from another certificated carrier

for any service purchased and used solely as an input to a

service provided to such certificated carriers' retail

customers.

(6) Approve a plan for the administration and operation

of the fund by a neutral third party consistent with the

requirements of this item.

No fund shall be created pursuant to this item until

existing implicit subsidies, including, but not limited to,

those subsidies contained in interexchange access charges,

have been identified and eliminated through revisions to rates

or charges. Prior to May 1, 2000, such revisions to rates or

charges to eliminate implicit subsidies shall occur

contemporaneously with any funding established pursuant to

this item. However, if the Commission does not establish a

universal service support fund by May 1, 2000, the Commission

shall not be prevented from entering an order or taking other

actions to reduce or eliminate existing subsidies as well as

considering the effect of such reduction or elimination on

local exchange carriers.

Any telecommunications carrier providing local exchange

telecommunications service which offers to its local exchange

customers a choice of two or more local exchange

telecommunications service offerings shall provide, to any

such customer requesting it, once a year without charge, a

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report describing which local exchange telecommunications

service offering would result in the lowest bill for such

customer's local exchange service, based on such customer's

calling pattern and usage for the previous 6 months. At least

once a year, each such carrier shall provide a notice to each

of its local exchange telecommunications service customers

describing the availability of this report and the specific

procedures by which customers may receive it. Such report shall

only be available to current and future customers who have

received at least 6 months of continuous local exchange service

from such carrier.

(Source: P.A. 91-636, eff. 8-20-99.)

(220 ILCS 5/13-401.1 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-401.1. Interconnected voice over Internet protocol

(VoIP) service provider registration.

(a) An Interconnected VoIP provider providing fixed or

non-nomadic service in Illinois on December 1, 2010 shall

register with the Commission no later than January 1, 2011. All

other Interconnected VoIP providers providing fixed or

non-nomadic service in Illinois shall register with the

Commission at least 30 days before providing service in

Illinois. The Commission shall prescribe a registration form no

later than October 1, 2010. The registration form prescribed by

the Commission shall only require the following information:

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(1) the provider's legal name and any name under which

the provider does or will do business in Illinois, as

authorized by the Secretary of State;

(2) the provider's address and telephone number, along

with contact information for the person responsible for

ongoing communications with the Commission;

(3) a description of the provider's dispute resolution

process and, if any, the telephone number to initiate the

dispute resolution process; and

(4) a description of each exchange of a local exchange

company, in whole or in part, or the cities, towns, or

geographic areas, in whole or in part, in which the

provider is offering or proposes to offer Interconnected

VoIP service.

A provider must notify the Commission of any change in the

information identified in paragraphs (1), (2), (3), or (4) of

this subsection (a) within 5 business days after any such

change.

(b) A provider shall charge and collect from its end-user

customers, and remit to the appropriate authority, fees and

surcharges in the same manner as are charged and collected upon

end-user customers of local exchange telecommunications

service and remitted by local exchange telecommunications

companies for local enhanced 9-1-1 surcharges.

(c) A provider may designate information that it submits in

its registration form or subsequent reports as confidential or

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proprietary, provided that the provider states the reasons the

confidential designation is necessary. The Commission shall

provide adequate protection for such information pursuant to

Section 4-404 of this Act. If the Commission or any other party

seeks public disclosure of information designated as

confidential, the Commission shall consider the confidential

designation in a proceeding under the Illinois Administrative

Procedure Act, and the burden of proof to demonstrate that the

designated information is confidential shall be upon the

provider. Designated information shall remain confidential

pending the Commission's determination of whether the

information is entitled to confidential treatment. Information

designated as confidential shall be provided to local units of

government for purposes of assessing compliance with this

Article as permitted under a protective order issued by the

Commission pursuant to the Commission's rules and to the

Attorney General pursuant to Section 6.5 of the Attorney

General Act. Information designated as confidential under this

Section or determined to be confidential upon Commission review

shall only be disclosed pursuant to a valid and enforceable

subpoena or court order or as required by the Freedom of

Information Act.

(d) Notwithstanding any other provision of law to the

contrary, the Commission shall have the authority, after notice

and hearing, to revoke or suspend the registration of any

provider that fails to comply with the requirements of this

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Section.

(e) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-406. Abandonment of service. No telecommunications

carrier offering or providing noncompetitive

telecommunications service pursuant to a valid Certificate of

Service Authority or certificate of public convenience and

necessity shall discontinue or abandon such service once

initiated until and unless it shall demonstrate, and the

Commission finds, after notice and hearing, that such

discontinuance or abandonment will not deprive customers of any

necessary or essential telecommunications service or access

thereto and is not otherwise contrary to the public interest.

No telecommunications carrier offering or providing

competitive telecommunications service shall completely

discontinue or abandon such service to an identifiable class or

group of customers once initiated except upon 60 30 days notice

to the Commission and affected customers. The Commission may,

upon its own motion or upon complaint, investigate the proposed

discontinuance or abandonment of a competitive

telecommunications service and may, after notice and hearing,

prohibit such proposed discontinuance or abandonment if the

Commission finds that it would be contrary to the public

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interest. If the Commission does not provide notice of a

hearing within 60 calendar days after the notification or holds

a hearing and fails to find that the proposed discontinuation

or abandonment would be contrary to the public interest, the

provider may discontinue or abandon such service after

providing at least 30 days notice to affected customers.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-407. Commission study and report. The Commission

shall monitor and analyze patterns of entry and exit and

changes in patterns of entry and exit for each relevant market

for telecommunications services, including emerging high speed

telecommunications markets and broadband services. The

Commission, and shall include its findings together with

appropriate recommendations for legislative action in its

annual report to the General Assembly. The Commission shall

provide an analysis of entry and exit, along with changes in

patterns of entry and exit, for broadband services in its

annual report to the General Assembly.

In preparing its annual report, the Commission may obtain

any information on broadband services that has been collected

or is in the possession of the Department of Commerce and

Economic Opportunity pursuant to the High Speed Internet

Services and Information Technology Act. The Commission shall

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coordinate with the Department of Commerce and Economic

Opportunity in collecting information to avoid a duplication of

efforts.

The Commission shall also monitor and analyze the status of

deployment of services to consumers, and any resulting "digital

divisions" between consumers, including any changes or trends

therein. The Commission shall include its findings together

with appropriate recommendations for legislative action in its

annual report to the General Assembly. In preparing this

analysis the Commission shall evaluate information provided by

certificated telecommunications carriers, registered

Interconnected VoIP providers, and Facilities-based Providers

of Broadband Connections to End User Locations that pertains to

the state of competition in telecommunications markets

including, but not limited to:

(1) the number and type of firms providing

telecommunications services and , including broadband

telecommunications services, within the State;

(2) the telecommunications services offered by these

firms to both retail and wholesale customers;

(3) the extent to which customers and other providers

are purchasing the firms' telecommunications services; and

(4) the technologies or methods by which these firms

provide these services, including descriptions of

technologies in place and under development, and the degree

to which firms rely on other wholesale providers to provide

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service to their own customers. ; and

(5) the tariffed retail and wholesale prices for

services provided by these firms.

The Commission shall at a minimum assess the variability in

this information according to geography, examining variability

by exchange, wirecenter, or zip code, and by customer class,

examining, at a minimum, the variability between residential

and small, medium, and large business customers. The Commission

shall provide an analysis of market trends by collecting this

information from certificated telecommunications carriers,

registered Interconnected VoIP providers, and Facilities-based

Providers of Broadband Connections to End User Locations firms

providing telecommunications services within the State. The

Commission shall also collect all information, in a format

determined by the Commission, that the Commission deems

necessary to assist in monitoring and analyzing the

telecommunications markets and broadband market, along with

and the status of competition and deployment of

telecommunications services and broadband services to

consumers in the State.

Notwithstanding any other provision of this Act,

certificated telecommunications carriers and registered

Interconnected VoIP providers shall report to the Commission

such information, with the exception of broadband information,

requested by the Commission necessary to satisfy the reporting

requirements of items (1) through (4) of this Section. The

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Commission may coordinate and work with the Department of

Commerce and Economic Opportunity to avoid duplication of

collection of information that is collected pursuant to the

High Speed Internet Services and Information Technology Act.

For the purposes of this Section:

"Broadband connections" include wired lines or

wireless channels that enable the end user to receive

information from or send information to the Internet at

information transfer rates exceeding 200 kbps in at least

one direction.

"End user" includes a residential, business,

institutional, or government entity who uses broadband

services for its own purposes and who does not resell such

services to other entities or incorporate such services

into retail Internet-access services. For purposes of this

Section, an Internet Service Provider (ISP) is not an end

user of a broadband connection.

"Facilities-based Provider of Broadband Connections to

End User Locations" means an entity that meets any of the

following conditions:

(i) It owns the portion of the physical facility

that terminates at the end user location.

(ii) It obtains unbundled network elements (UNEs),

special access lines, or other leased facilities that

terminate at the end user location and provisions or

equips them as broadband.

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(iii) It provisions or equips a broadband wireless

channel to the end user location over licensed or

unlicensed spectrum.

"Facilities-based Provider of Broadband Connections to

End User Locations" does not include providers of

terrestrial fixed wireless services (such as Wi-Fi and

other wireless Ethernet, or wireless local area network,

applications) that only enable local distribution and

sharing of a premises broadband facility and does not

include air-to-ground services.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-503. Information available to the public. With

respect to rates or other charges made, demanded or received

for any telecommunications service offered, provided or to be

provided, whether such service is competitive or

noncompetitive, telecommunications carriers shall comply with

the publication and filing provisions of Sections 9-101, 9-102,

and 9-103. Telecommunications carriers shall make all tariffs

available electronically to the public without requiring a

password or other means of registration. A telecommunications

carrier's website shall, if applicable, provide in a

conspicuous manner information on the rates, charges, terms,

and conditions of service available and a toll-free telephone

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number that may be used to contact an agent for assistance with

obtaining rate or other charge information or the terms and

conditions of service.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-505. Rate changes; competitive services. (a) Any

proposed increase or decrease in rates or charges, or proposed

change in any classification or tariff resulting in an increase

or decrease in rates or charges, for a competitive

telecommunications service shall be permitted upon the filing

of the proposed rate, charge, classification, or tariff. Notice

Prior notice of an increase shall be given, no later than the

prior billing cycle, to all potentially affected customers by

mail, publication in a newspaper of general circulation, or

equivalent means of notice, including electronic if the

customer has elected electronic billing.

(b) If a hearing is held pursuant to Section 9-250

regarding the reasonableness of an increase in the rates or

charges of a competitive local exchange service, then the

telecommunications carrier providing the service shall have

the burden of proof to establish the justness and

reasonableness of the proposed rate or charge.

(Source: P.A. 90-185, eff. 7-23-97.)

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(220 ILCS 5/13-506.2 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-506.2. Market regulation for competitive retail

services.

(a) Definitions. As used in this Section:

(1) "Electing Provider" means a telecommunications

carrier that is subject to either rate regulation pursuant

to Section 13-504 or Section 13-505 or alternative

regulation pursuant to Section 13-506.1 and that elects to

have the rates, terms, and conditions of its competitive

retail telecommunications services solely determined and

regulated pursuant to the terms of this Article.

(2) "Basic local exchange service" means either a

stand-alone residence network access line and per-call

usage or, for any geographic area in which such stand-alone

service is not offered, a stand-alone flat rate residence

network access line for which local calls are not charged

for frequency or duration. Extended Area Service shall be

included in basic local exchange service.

(b) Election for market regulation. Notwithstanding any

other provision of this Act, an Electing Provider may elect to

have the rates, terms, and conditions of its competitive retail

telecommunications services solely determined and regulated

pursuant to the terms of this Section by filing written notice

of its election for market regulation with the Commission. The

notice of election shall designate the geographic area of the

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Electing Provider's service territory where the market

regulation shall apply, either on a state-wide basis or in one

or more specified Market Service Areas ("MSA") or Exchange

areas. An Electing Provider shall not make an election for

market regulation under this Section unless it commits in its

written notice of election for market regulation to fulfill the

conditions and requirements in this Section in each geographic

area in which market regulation is elected. Immediately upon

filing the notice of election for market regulation, the

Electing Provider shall be subject to the jurisdiction of the

Commission to the extent expressly provided in this Section.

(c) Competitive classification. Market regulation shall

only be available for competitive retail telecommunications

services as provided in this subsection.

(1) For geographic areas in which telecommunications

services provided by the Electing Provider were classified

as competitive either through legislative action or a

tariff filing pursuant to Section 13-502 prior to January

1, 2010, and that are included in the Electing Provider's

notice of election pursuant to subsection (b) of this

Section, such services, and all recurring and nonrecurring

charges associated with, related to or used in connection

with such services, shall be classified as competitive

without further Commission review. For services classified

as competitive pursuant to this subsection, the

requirements or conditions in any order or decision

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rendered by the Commission pursuant to Section 13-502 prior

to the effective date of this amendatory Act of the 96th

General Assembly, except for the commitments made by the

Electing Provider in such order or decision concerning the

optional packages required in subsection (d) of this

Section and basic local exchange service as defined in this

Section, shall no longer be in effect and no Commission

investigation, review, or proceeding under Section 13-502

shall be continued, conducted, or maintained with respect

to such services, charges, requirements, or conditions.

(2) For those geographic areas in which residential

local exchange telecommunications services have not been

classified as competitive as of the effective date of this

amendatory Act of the 96th General Assembly, all

telecommunications services provided to residential and

business end users by an Electing Provider in the

geographic area that is included in its notice of election

pursuant to subsection (b) shall be classified as

competitive for purposes of this Article without further

Commission review.

(3) If an Electing Provider was previously subject to

alternative regulation pursuant to Section 13-506.1 of

this Article, the alternative regulation plan shall

terminate in whole for all services subject to that plan

and be of no force or effect, without further Commission

review or action, when the Electing Provider's residential

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local exchange telecommunications service in each MSA in

its telecommunications service area in the State has been

classified as competitive pursuant to either subdivision

(c)(1) or (c)(2) of this Section.

(4) The service packages described in Section 13-518

shall be classified as competitive for purposes of this

Section if offered by an Electing Provider in a geographic

area in which local exchange telecommunications service

has been classified as competitive pursuant to either

subdivision (c)(1) or (c)(2) of this Section.

(d) Consumer choice safe harbor options.

(1) An Electing Provider in each of the MSA or Exchange

areas classified as competitive pursuant to subdivision

(c)(1) or (c)(2) of this Section shall offer to all

residential customers who choose to subscribe the

following optional packages of services priced at the same

rate levels in effect on January 1, 2010

(A) A basic package, which shall consist of a

stand-alone residential network access line and 30

local calls. If the Electing Provider offers a

stand-alone residential access line and local usage on

a per call basis, the price for the basic package shall

be the Electing Provider's applicable price in effect

on January 1, 2010 for the sum of a residential access

line and 30 local calls, additional calls over 30 calls

shall be provided at the current per call rate.

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However, this basic package is not required if

stand-alone residential network access lines or

per-call local usage are not offered by the Electing

Provider in the geographic area on January 1, 2010 or

if the Electing Provider has not increased its

stand-alone network access line and local usage rates,

including Extended Area Service rates, since January

1, 2010.

(B) An extra package, which shall consist of

residential basic local exchange network access line

and unlimited local calls. The price for the extra

package shall be the Electing Provider's applicable

price in effect on January 1, 2010 for a residential

access line with unlimited local calls.

(C) A plus package, which shall consist of

residential basic local exchange network access line,

unlimited local calls, and the customer's choice of 2

vertical services offered by the Electing Provider.

The term "vertical services" as used in this

subsection, includes, but is not limited to, call

waiting, call forwarding, 3-way calling, caller ID,

call tracing, automatic callback, repeat dialing, and

voicemail. The price for the plus package shall be the

Electing Provider's applicable price in effect on

January 1, 2010 for the sum of a residential access

line with unlimited local calls and 2 times the average

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price for the vertical features included in the

package.

(2) For those geographic areas in which local exchange

telecommunications services were classified as competitive

on the effective date of this amendatory Act of the 96th

General Assembly an Electing Provider in each such MSA or

Exchange area shall be subject to the same terms and

conditions as provided in commitments made by the Electing

Provider in connection with such previous competitive

classifications, which shall apply with equal force under

this Section, except as follows: (i) the limits on price

increases on the optional packages required by this Section

shall be extended consistent with subsection (d)(1) of this

Section and (ii) the price for the extra package required

by subsection (d)(1)(B) shall be reduced by one dollar from

the price in effect on January 1, 2010. In addition, if an

Electing Provider obtains a competitive classification

pursuant to subsection (c)(1) and (c)(2), the price for the

optional packages shall be determined in such area in

compliance with subsection (d)(1), except the price for the

plus package required by subsection (d)(1) C) shall be the

lower of the price for such area or the price of the plus

package in effect on January 1, 2010 for areas classified

as competitive pursuant to subsection (c)(1).

(3) To the extent that the requirements in Section

13-518 applied to a telecommunications carrier prior to the

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effective date of this Section and that telecommunications

carrier becomes an Electing Provider in accordance with the

provisions of this Section, the requirements in Section

13-518 shall cease to apply to that Electing Provider in

those geographic areas included in the Electing Provider's

notice of election pursuant to subsection (b) of this

Section.

(4) An Electing Provider shall make the optional

packages required by this subsection and stand-alone

residential network access lines and local usage, where

offered, readily available to the public by providing

information, in a clear manner, to residential customers.

Information shall be made available on a website, and an

Electing Provider shall provide notification to its

customers every 6 months, provided that notification may

consist of a bill page message that provides an objective

description of the safe harbor options that includes a

telephone number and website address where the customer may

obtain additional information about the packages from the

Electing Provider. The optional packages shall be offered

on a monthly basis with no term of service requirement. An

Electing Provider shall allow online electronic ordering

of the optional packages and stand alone residential

network access lines and local usage, where offered, on its

website in a manner similar to the online electronic

ordering of its other residential services.

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(5) An Electing Provider shall comply with the

Commission's existing rules, regulations, and notices in

Title 83, Part 735 of the Illinois Administrative Code when

offering or providing the optional packages required by

this subsection (d) and stand-alone residential network

access lines.

(6) An Electing Provider shall provide to the

Commission semi-annual subscribership reports as of June

30 and December 31 that contain the number of its customers

subscribing to each of the consumer choice safe harbor

packages required by subsection (d)(1) of this Section and

the number of its customers subscribing to retail

residential basic local exchange service as defined in

subsection (a)(2) of this Section. The first semi-annual

reports shall be made on April 1, 2011 for December 31,

2010, and on September 1, 2011 for June 30, 2011, and

semi-annually on April 1 and September 1 thereafter. Such

subscribership information shall be accorded confidential

and proprietary treatment upon request by the Electing

Provider.

(7) The Commission shall have the power, after notice

and hearing as provided in this Article, upon complaint or

upon its own motion, to take corrective action if the

requirements of this Section are not complied with by an

Electing Provider.

(e) Service quality and customer credits for basic local

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exchange service.

(1) An Electing Provider shall meet the following

service quality standards in providing basic local

exchange service, which for purposes of this subsection

(e), includes both basic local exchange service and the

consumer choice safe harbor options required by subsection

(d) of this Section.

(A) Install basic local exchange service within 5

business days after receipt of an order from the

customer unless the customer requests an installation

date that is beyond 5 business days after placing the

order for basic service and to inform the customer of

the Electing Provider's duty to install service within

this timeframe. If installation of service is

requested on or by a date more than 5 business days in

the future, the Electing Provider shall install

service by the date requested.

(B) Restore basic local exchange service for the

customer within 30 hours after receiving notice that

the customer is out of service.

(C) Keep all repair and installation appointments

for basic local exchange service if a customer premises

visit requires a customer to be present. The

appointment window shall be either a specific time or,

at a maximum, a 4-hour time block during evening,

weekend, and normal business hours.

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(D) Inform a customer when a repair or installation

appointment requires the customer to be present.

(2) Customers shall be credited by the Electing

Provider for violations of basic local exchange service

quality standards described in subdivision (e)(1) of this

Section. The credits shall be applied automatically on the

statement issued to the customer for the next monthly

billing cycle following the violation or following the

discovery of the violation. The next monthly billing cycle

following the violation or the discovery of the violation

means the billing cycle immediately following the billing

cycle in process at the time of the violation or discovery

of the violation, provided the total time between the

violation or discovery of the violation and the issuance of

the credit shall not exceed 60 calendar days. The Electing

Provider is responsible for providing the credits and the

customer is under no obligation to request such credits.

The following credits shall apply:

(A) If an Electing Provider fails to repair an

out-of-service condition for basic local exchange

service within 30 hours, the Electing Provider shall

provide a credit to the customer. If the service

disruption is for more than 30 hours, but not more than

48 hours, the credit must be equal to a pro-rata

portion of the monthly recurring charges for all basic

local exchange services disrupted. If the service

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disruption is for more than 48 hours, but not more than

72 hours, the credit must be equal to at least 33% of

one month's recurring charges for all local services

disrupted. If the service disruption is for more than

72 hours, but not more than 96 hours, the credit must

be equal to at least 67% of one month's recurring

charges for all basic local exchange services

disrupted. If the service disruption is for more than

96 hours, but not more than 120 hours, the credit must

be equal to one month's recurring charges for all basic

local exchange services disrupted. For each day or

portion thereof that the service disruption continues

beyond the initial 120-hour period, the Electing

Provider shall also provide an additional credit of $20

per calendar day.

(B) If an Electing Provider fails to install basic

local exchange service as required under subdivision

(e)(1) of this Section, the Electing Provider shall

waive 50% of any installation charges, or in the

absence of an installation charge or where

installation is pursuant to the Link Up program, the

Electing Provider shall provide a credit of $25. If an

Electing Provider fails to install service within 10

business days after the service application is placed,

or fails to install service within 5 business days

after the customer's requested installation date, if

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the requested date was more than 5 business days after

the date of the order, the Electing Provider shall

waive 100% of the installation charge, or in the

absence of an installation charge or where

installation is provided pursuant to the Link Up

program, the Electing Provider shall provide a credit

of $50. For each day that the failure to install

service continues beyond the initial 10 business days,

or beyond 5 business days after the customer's

requested installation date, if the requested date was

more than 5 business days after the date of the order,

the Electing Provider shall also provide an additional

credit of $20 per calendar day until the basic local

exchange service is installed.

(C) If an Electing Provider fails to keep a

scheduled repair or installation appointment when a

customer premises visit requires a customer to be

present as required under subdivision (e)(1) of this

Section, the Electing Provider shall credit the

customer $25 per missed appointment. A credit required

by this subdivision does not apply when the Electing

Provider provides the customer notice of its inability

to keep the appointment no later than 8:00 pm of the

day prior to the scheduled date of the appointment.

(D) Credits required by this subsection do not

apply if the violation of a service quality standard:

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(i) occurs as a result of a negligent or

willful act on the part of the customer;

(ii) occurs as a result of a malfunction of

customer-owned telephone equipment or inside

wiring;

(iii) occurs as a result of, or is extended by,

an emergency situation as defined in 83 Ill. Adm.

Code 732.10;

(iv) is extended by the Electing Provider's

inability to gain access to the customer's

premises due to the customer missing an

appointment, provided that the violation is not

further extended by the Electing Provider;

(v) occurs as a result of a customer request to

change the scheduled appointment, provided that

the violation is not further extended by the

Electing Provider;

(vi) occurs as a result of an Electing

Provider's right to refuse service to a customer as

provided in Commission rules; or

(vii) occurs as a result of a lack of

facilities where a customer requests service at a

geographically remote location, where a customer

requests service in a geographic area where the

Electing Provider is not currently offering

service, or where there are insufficient

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facilities to meet the customer's request for

service, subject to an Electing Provider's

obligation for reasonable facilities planning.

(3) Each Electing Provider shall provide to the

Commission on a quarterly basis and in a form suitable for

posting on the Commission's website in conformance with the

rules adopted by the Commission and in effect on April 1,

2010, a public report that includes the following data for

basic local exchange service quality of service:

(A) With regard to credits due in accordance with

subdivision (e)(2)(A) as a result of out-of-service

conditions lasting more than 30 hours:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of credits issued for repairs

between 30 and 48 hours;

(iii) the number of credits issued for repairs

between 49 and 72 hours;

(iv) the number of credits issued for repairs

between 73 and 96 hours;

(v) the number of credits used for repairs

between 97 and 120 hours;

(vi) the number of credits issued for repairs

greater than 120 hours; and

(vii) the number of exemptions claimed for

each of the categories identified in subdivision

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(e)(2)(D).

(B) With regard to credits due in accordance with

subdivision (e)(2)(B) as a result of failure to install

basic local exchange service:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of installations after 5

business days;

(iii) the number of installations after 10

business days;

(iv) the number of installations after 11

business days; and

(v) the number of exemptions claimed for each

of the categories identified in subdivision

(e)(2)(D).

(C) With regard to credits due in accordance with

subdivision (e)(2)(C) as a result of missed

appointments:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of any customers receiving

credits; and

(iii) the number of exemptions claimed for

each of the categories identified in subdivision

(e)(2)(D).

(D) The Electing Provider's annual report required

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by this subsection shall also include, for

informational reporting, the performance data

described in subdivisions (e)(2)(A), (e)(2)(B), and

(e)(2)(C), and trouble reports per 100 access lines

calculated using the Commission's existing applicable

rules and regulations for such measures, including the

requirements for service standards established in this

Section.

(4) It is the intent of the General Assembly that the

service quality rules and customer credits in this

subsection (e) of this Section and other enforcement

mechanisms, including fines and penalties authorized by

Section 13-305, shall apply on a nondiscriminatory basis to

all Electing Providers. Accordingly, notwithstanding any

provision of any service quality rules promulgated by the

Commission, any alternative regulation plan adopted by the

Commission, or any other order of the Commission, any

Electing Provider that is subject to any other order of the

Commission and that violates or fails to comply with the

service quality standards promulgated pursuant to this

subsection (e) or any other order of the Commission shall

not be subject to any fines, penalties, customer credits,

or enforcement mechanisms other than such fines or

penalties or customer credits as may be imposed by the

Commission in accordance with the provisions of this

subsection (e) and Section 13-305, which are to be

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generally applicable to all Electing Providers. The amount

of any fines or penalties imposed by the Commission for

failure to comply with the requirements of this subsection

(e) shall be an appropriate amount, taking into account, at

a minimum, the Electing Provider's gross annual intrastate

revenue; the frequency, duration, and recurrence of the

violation; and the relative harm caused to the affected

customers or other users of the network. In imposing fines

and penalties, the Commission shall take into account

compensation or credits paid by the Electing Provider to

its customers pursuant to this subsection (e) in

compensation for any violation found pursuant to this

subsection (e), and in any event the fine or penalty shall

not exceed an amount equal to the maximum amount of a civil

penalty that may be imposed under Section 13-305.

(f) Commission jurisdiction upon election for market

regulation. Except as otherwise expressly stated in this

Section, the Commission shall thereafter have no jurisdiction

or authority over any aspect of competitive retail

telecommunications service of an Electing Provider in those

geographic areas included in the Electing Provider's notice of

election pursuant to subsection (b) of this Section, heretofore

subject to the jurisdiction of the Commission, including but

not limited to, any requirements of this Article related to the

terms, conditions, rates, quality of service, availability,

classification or any other aspect of any of the Electing

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Provider's competitive retail telecommunications services. No

Electing Provider shall commit any unfair or deceptive act or

practice in connection with any aspect of the offering or

provision of any competitive retail telecommunications

service. Nothing in this Article shall limit or affect any

provisions in the Consumer Fraud and Deceptive Business

Practices Act with respect to any unfair or deceptive act or

practice by an Electing Provider.

(g) Commission authority over access services upon

election for market regulation.

(1) As part of its Notice of Election for Market

Regulation, the Electing Provider shall reduce its

intrastate switched access rates to rates no higher than

its interstate switched access rates in 4 installments. The

first reduction must be made 30 days after submission of

its complete application for Notice of Election for Market

Regulation, and the Electing Provider must reduce its

intrastate switched access rates by an amount equal to 33%

of the difference between its current intrastate switched

access rates and its current interstate switched access

rates. The second reduction must be made no later than one

year after the first reduction, and the Electing Provider

must reduce its then current intrastate switched access

rates by an amount equal to 41% of the difference between

its then current intrastate switched access rates and its

then current interstate switched access rates. The third

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reduction must be made no later than one year after the

second reduction, and the Electing Provider must reduce its

then current intrastate switched access rates by an amount

equal to 50% of the difference between its then current

intrastate switched access rate and its then current

interstate switched access rates. The fourth reduction

must be made on or before June 30, 2013, and the Electing

Provider must reduce its intrastate switched access rate to

mirror its then current interstate switched access rates

and rate structure. Following the fourth reduction, each

Electing Provider must continue to set its intrastate

switched access rates to mirror its interstate switched

access rates and rate structure. For purposes of this

subsection, the rate for intrastate switched access

service means the composite, per-minute rate for that

service, including all applicable fixed and

traffic-sensitive charges, including, but not limited to,

carrier common line charges.

(2) Nothing in paragraph (1) of this subsection (g)

prohibits an Electing Provider from electing to offer

intrastate switched access service at rates lower than its

interstate switched access rates.

(3) The Commission shall have no authority to order an

Electing Provider to set its rates for intrastate switched

access at a level lower than its interstate switched access

rates.

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(4) The Commission's authority under this subsection

(g) shall only apply to Electing Providers under Market

Regulation. The Commission's authority over switched

access services for all other carriers is retained under

Section 13-900.2 of this Act.

(h) Safety of service equipment and facilities.

(1) An Electing Provider shall furnish, provide, and

maintain such service instrumentalities, equipment, and

facilities as shall promote the safety, health, comfort,

and convenience of its patrons, employees, and public and

as shall be in all respects adequate, reliable, and

efficient without discrimination or delay. Every Electing

Provider shall provide service and facilities that are in

all respects environmentally safe.

(2) The Commission is authorized to conduct an

investigation of any Electing Provider or part thereof. The

investigation may examine the reasonableness, prudence, or

efficiency of any aspect of the Electing Provider's

operations or functions that may affect the adequacy,

safety, efficiency, or reliability of telecommunications

service. The Commission may conduct or order an

investigation only when it has reasonable grounds to

believe that the investigation is necessary to assure that

the Electing Provider is providing adequate, efficient,

reliable, and safe service. The Commission shall, before

initiating any such investigation, issue an order

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describing the grounds for the investigation and the

appropriate scope and nature of the investigation, which

shall be reasonably related to the grounds relied upon by

the Commission in its order.

(i) Tariffs. No Electing Provider shall offer or provide

telecommunications service unless and until a tariff is filed

with the Commission that describes the nature of the service,

applicable rates and other charges, terms, and conditions of

service and the exchange, exchanges, or other geographical area

or areas in which the service shall be offered or provided. The

Commission may prescribe the form of such tariff and any

additional data or information that shall be included in the

form. Revenue from retail competitive services received from an

Electing Provider pursuant to such tariffs shall be gross

revenue for purposes of Section 2-202 of this Act.

(j) Application of Article VII. The provisions of Sections

7-101, 7-102, 7-103, 7-104, 7-204, 7-205, and 7-206 of this Act

are applicable to an Electing Provider offering or providing

retail telecommunications service, and the Commission's

regulation thereof, except that (1) the approval of contracts

and arrangements with affiliated interests required by

paragraph (3) of Section 7-101 shall not apply to such

telecommunications carriers provided that, except as provided

in item (2), those contracts and arrangements shall be filed

with the Commission; (2) affiliated interest contracts or

arrangements entered into by such telecommunications carriers

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where the increased obligation thereunder does not exceed the

lesser of $5,000,000 or 5% of such carrier's prior annual

revenue from noncompetitive services are not required to be

filed with the Commission; and (3) any consent and approval of

the Commission required by Section 7-102 is not required for

the sale, lease, assignment, or transfer by any Electing

Provider of any real property that is not necessary or useful

in the performance of its duties to the public.

(k) Notwithstanding other provisions of this Section, the

Commission retains its existing authority to enforce the

provisions, conditions, and requirements of the following

Sections of this Article: 13-101, 13-103, 13-201, 13-301,

13.301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,

13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,

13-404.2, 13-405, 13-406, 13-501.5, 13-505, 13-509 13-510,

13-512, 13-513, 13-514, 13-515, 13-516, 13-519, 13-702,

13-703, 13-704, 13-705, 13-706, 13-707, 13-709, 13-713,

13-801, 13-804, 13-900, 13-900.1, 13-900.2, 13-901, 13-902,

and 13-903, which are fully and equally applicable to Electing

Providers subject to the provisions of this Section. On the

effective date of this amendatory Act of the 96th General

Assembly, the following Sections of this Article shall cease to

apply to Electing Providers: 13-302, 13-405.1, 13-501, 13-502,

13-502.5, 13-503, 13-504, 13-505.2, 13-505.3, 13-505.4,

13-505.5, 13-505.6, 13-506.1, 13-507, 13-507.1, 13-508,

13-508.1, 13-517, 13-518, 13-601, 13-701, and 13-712.

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(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-509. Agreements for provisions of competitive

telecommunications services differing from tariffs. A

telecommunications carrier may negotiate with customers or

prospective customers to provide competitive

telecommunications service, and in so doing, may offer or agree

to provide such service on such terms and for such rates or

charges as are reasonable, without regard to any tariffs it may

have filed with the Commission with respect to such services.

Upon request of the Commission Within 30 days after executing

any such agreement, the telecommunications carrier shall

submit to the Commission written notice of a list of any such

agreements (which list may be filed electronically) within the

past year. The notice shall identify the general nature of all

such agreements, the parties to each agreement, and a general

description of differences between each agreement and the

related tariff. A copy of each such agreement and any cost

support required to be filed with the agreement by some other

Section of this Act shall be provided to the Commission within

10 business days after a request for review of the agreement is

made by the Commission or is made to the Commission by another

telecommunications carrier or by a party to such agreement.

Upon submitting notice to the Commission of any such agreement,

the telecommunications carrier shall thereafter provide

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service according to the terms thereof, unless the Commission

finds, after notice and hearing, that the continued provision

of service pursuant to such agreement would substantially and

adversely affect the financial integrity of the

telecommunications carrier or would violate any other

provision of this Act.

Any agreement or notice entered into or submitted pursuant

to the provisions of this Section may, in the Commission's

discretion, be accorded proprietary treatment.

(Source: P.A. 92-22, eff. 6-30-01; 93-245, eff. 7-22-03.)

(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-703. (a) The Commission shall design and implement

a program whereby each telecommunications carrier providing

local exchange service shall provide a telecommunications

device capable of servicing the needs of those persons with a

hearing or speech disability together with a single party line,

at no charge additional to the basic exchange rate, to any

subscriber who is certified as having a hearing or speech

disability by a licensed physician, speech-language

pathologist, audiologist or a qualified State agency and to any

subscriber which is an organization serving the needs of those

persons with a hearing or speech disability as determined and

specified by the Commission pursuant to subsection (d).

(b) The Commission shall design and implement a program,

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whereby each telecommunications carrier providing local

exchange service shall provide a telecommunications relay

system, using third party intervention to connect those persons

having a hearing or speech disability with persons of normal

hearing by way of intercommunications devices and the telephone

system, making available reasonable access to all phases of

public telephone service to persons who have a hearing or

speech disability. In order to design a telecommunications

relay system which will meet the requirements of those persons

with a hearing or speech disability available at a reasonable

cost, the Commission shall initiate an investigation and

conduct public hearings to determine the most cost-effective

method of providing telecommunications relay service to those

persons who have a hearing or speech disability when using

telecommunications devices and therein solicit the advice,

counsel, and physical assistance of Statewide nonprofit

consumer organizations that serve persons with hearing or

speech disabilities in such hearings and during the development

and implementation of the system. The Commission shall phase in

this program, on a geographical basis, as soon as is

practicable, but no later than June 30, 1990.

(c) The Commission shall establish a rate recovery

mechanism, authorizing charges in an amount to be determined by

the Commission for each line of a subscriber to allow

telecommunications carriers providing local exchange service

to recover costs as they are incurred under this Section.

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(d) The Commission shall determine and specify those

organizations serving the needs of those persons having a

hearing or speech disability that shall receive a

telecommunications device and in which offices the equipment

shall be installed in the case of an organization having more

than one office. For the purposes of this Section,

"organizations serving the needs of those persons with hearing

or speech disabilities" means centers for independent living as

described in Section 12a of the Disabled Persons Rehabilitation

Act and not-for-profit organizations whose primary purpose is

serving the needs of those persons with hearing or speech

disabilities. The Commission shall direct the

telecommunications carriers subject to its jurisdiction and

this Section to comply with its determinations and

specifications in this regard.

(e) As used in this Section, the phrase "telecommunications

carrier providing local exchange service" includes, without

otherwise limiting the meaning of the term, telecommunications

carriers which are purely mutual concerns, having no rates or

charges for services, but paying the operating expenses by

assessment upon the members of such a company and no other

person.

(f) Interconnected VoIP service providers in Illinois

shall collect and remit assessments determined in accordance

with this Section in a competitively neutral manner in the same

manner as a telecommunications carrier providing local

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exchange service. Interconnected VoIP services shall not be

considered an intrastate telecommunications service for the

purposes of this Section in a manner inconsistent with federal

law or Federal Communications Commission regulation.

(g) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 88-497.)

(220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-704. Each page of a billing statement which sets

forth charges assessed against a customer by a

telecommunications carrier for telecommunications service

shall reflect the telephone number or customer account number

to which the charges are being billed. If a telecommunications

carrier offers electronic billing, customers may elect to have

their bills sent electronically. Such bills shall be

transmitted with instructions for payment. Information sent

electronically shall be deemed to satisfy any requirement in

this Section that such information be printed or written on a

customer bill. Bills may be paid electronically or by the use

of a customer-preferred financially accredited credit or debit

methodology. The billing statement shall also contain a

separate bill identifying the amount charged as an

infrastructure maintenance fee.

(Source: P.A. 90-154, eff. 1-1-98.)

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(220 ILCS 5/13-712)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-712. Basic local exchange service quality;

customer credits.

(a) It is the intent of the General Assembly that every

telecommunications carrier meet minimum service quality

standards in providing basic local exchange service on a

non-discriminatory basis to all classes of customers.

(b) Definitions:

(1) (Blank) "Alternative telephone service" means,

except where technically impracticable, a wireless

telephone capable of making local calls, and may also

include, but is not limited to, call forwarding, voice

mail, or paging services.

(2) "Basic local exchange service" means residential

and business lines used for local exchange

telecommunications service as defined in Section 13-204 of

this Act, excluding:

(A) services that employ advanced

telecommunications capability as defined in Section

706(c)(1) of the federal Telecommunications Act of

1996;

(B) vertical services;

(C) company official lines; and

(D) records work only.

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(3) "Link Up" refers to the Link Up Assistance program

defined and established at 47 C.F.R. Section 54.411 et seq.

as amended.

(c) The Commission shall promulgate service quality rules

for basic local exchange service, which may include fines,

penalties, customer credits, and other enforcement mechanisms.

In developing such service quality rules, the Commission shall

consider, at a minimum, the carrier's gross annual intrastate

revenue; the frequency, duration, and recurrence of the

violation; and the relative harm caused to the affected

customer or other users of the network. In imposing fines, the

Commission shall take into account compensation or credits paid

by the telecommunications carrier to its customers pursuant to

this Section in compensation for the violation found pursuant

to this Section. These rules shall become effective within one

year after the effective date of this amendatory Act of the

92nd General Assembly.

(d) The rules shall, at a minimum, require each

telecommunications carrier to do all of the following:

(1) Install basic local exchange service within 5

business days after receipt of an order from the customer

unless the customer requests an installation date that is

beyond 5 business days after placing the order for basic

service and to inform the customer of its duty to install

service within this timeframe. If installation of service

is requested on or by a date more than 5 business days in

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the future, the telecommunications carrier shall install

service by the date requested. A telecommunications

carrier offering basic local exchange service utilizing

the network or network elements of another carrier shall

install new lines for basic local exchange service within 3

business days after provisioning of the line or lines by

the carrier whose network or network elements are being

utilized is complete. This subdivision (d)(1) does not

apply to the migration of a customer between

telecommunications carriers, so long as the customer

maintains dial tone.

(2) Restore basic local exchange service for a customer

within 30 24 hours of receiving notice that a customer is

out of service. This provision applies to service

disruptions that occur when a customer switches existing

basic local exchange service from one carrier to another.

(3) Keep all repair and installation appointments for

basic local exchange service, when a customer premises

visit requires a customer to be present.

(4) Inform a customer when a repair or installation

appointment requires the customer to be present.

(e) The rules shall include provisions for customers to be

credited by the telecommunications carrier for violations of

basic local exchange service quality standards as described in

subsection (d). The credits shall be applied on the statement

issued to the customer for the next monthly billing cycle

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following the violation or following the discovery of the

violation. The performance levels established in subsection

(c) are solely for the purposes of consumer credits and shall

not be used as performance levels for the purposes of assessing

penalties under Section 13-305. At a minimum, the rules shall

include the following:

(1) If a carrier fails to repair an out-of-service

condition for basic local exchange service within 30 24

hours, the carrier shall provide a credit to the customer.

If the service disruption is for over 30 hours but less

than 48 hours or less, the credit must be equal to a

pro-rata portion of the monthly recurring charges for all

local services disrupted. If the service disruption is for

more than 48 hours, but not more than 72 hours, the credit

must be equal to at least 33% of one month's recurring

charges for all local services disrupted. If the service

disruption is for more than 72 hours, but not more than 96

hours, the credit must be equal to at least 67% of one

month's recurring charges for all local services

disrupted. If the service disruption is for more than 96

hours, but not more than 120 hours, the credit must be

equal to one month's recurring charges for all local

services disrupted. For each day or portion thereof that

the service disruption continues beyond the initial

120-hour period, the carrier shall also provide either

alternative telephone service or an additional credit of

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$20 per day, at the customers option.

(2) If a carrier fails to install basic local exchange

service as required under subdivision (d)(1), the carrier

shall waive 50% of any installation charges, or in the

absence of an installation charge or where installation is

pursuant to the Link Up program, the carrier shall provide

a credit of $25. If a carrier fails to install service

within 10 business days after the service application is

placed, or fails to install service within 5 business days

after the customer's requested installation date, if the

requested date was more than 5 business days after the date

of the order, the carrier shall waive 100% of the

installation charge, or in the absence of an installation

charge or where installation is provided pursuant to the

Link Up program, the carrier shall provide a credit of $50.

For each day that the failure to install service continues

beyond the initial 10 business days, or beyond 5 business

days after the customer's requested installation date, if

the requested date was more than 5 business days after the

date of the order, the carrier shall also provide either

alternative telephone service or an additional credit of

$20 per day, at the customer's option until service is

installed.

(3) If a carrier fails to keep a scheduled repair or

installation appointment when a customer premises visit

requires a customer to be present, the carrier shall credit

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the customer $25 $50 per missed appointment. A credit

required by this subsection does not apply when the carrier

provides the customer with 24-hour notice of its inability

to keep the appointment no later than 8 p.m. of the day

prior to the scheduled date of the appointment.

(4) If the violation of a basic local exchange service

quality standard is caused by a carrier other than the

carrier providing retail service to the customer, the

carrier providing retail service to the customer shall

credit the customer as provided in this Section. The

carrier causing the violation shall reimburse the carrier

providing retail service the amount credited the customer.

When applicable, an interconnection agreement shall govern

compensation between the carrier causing the violation, in

whole or in part, and the retail carrier providing the

credit to the customer.

(5) (Blank) When alternative telephone service is

appropriate, the customer may select one of the alternative

telephone services offered by the carrier. The alternative

telephone service shall be provided at no cost to the

customer for the provision of local service.

(6) Credits required by this subsection do not apply if

the violation of a service quality standard:

(i) occurs as a result of a negligent or willful

act on the part of the customer;

(ii) occurs as a result of a malfunction of

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customer-owned telephone equipment or inside wiring;

(iii) occurs as a result of, or is extended by, an

emergency situation as defined in Commission rules;

(iv) is extended by the carrier's inability to gain

access to the customer's premises due to the customer

missing an appointment, provided that the violation is

not further extended by the carrier;

(v) occurs as a result of a customer request to

change the scheduled appointment, provided that the

violation is not further extended by the carrier;

(vi) occurs as a result of a carrier's right to

refuse service to a customer as provided in Commission

rules; or

(vii) occurs as a result of a lack of facilities

where a customer requests service at a geographically

remote location, a customer requests service in a

geographic area where the carrier is not currently

offering service, or there are insufficient facilities

to meet the customer's request for service, subject to

a carrier's obligation for reasonable facilities

planning.

(7) The provisions of this subsection are cumulative

and shall not in any way diminish or replace other civil or

administrative remedies available to a customer or a class

of customers.

(f) The rules shall require each telecommunications

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carrier to provide to the Commission, on a quarterly basis and

in a form suitable for posting on the Commission's website, a

public report that includes performance data for basic local

exchange service quality of service. The performance data shall

be disaggregated for each geographic area and each customer

class of the State for which the telecommunications carrier

internally monitored performance data as of a date 120 days

preceding the effective date of this amendatory Act of the 92nd

General Assembly. The report shall include, at a minimum,

performance data on basic local exchange service

installations, lines out of service for more than 30 24 hours,

carrier response to customer calls, trouble reports, and missed

repair and installation commitments.

(g) The Commission shall establish and implement carrier to

carrier wholesale service quality rules and establish remedies

to ensure enforcement of the rules.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-804 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-804. Broadband investment. Increased investment

into broadband infrastructure is critical to the economic

development of this State and a key component to the retention

of existing jobs and the creation of new jobs. The removal of

regulatory uncertainty will attract greater private-sector

investment in broadband infrastructure. Notwithstanding other

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provisions of this Article:

(A) the Commission shall have the authority to certify

providers of wireless services, including, but not limited

to, private radio service, public mobile service, or

commercial mobile service, as those terms are defined in 47

U.S.C. 332 on the effective date of this amendatory Act of

the 96th General Assembly or as amended thereafter, to

provide telecommunications services in Illinois;

(B) the Commission shall have the authority to certify

providers of wireless services, including, but not limited

to, private radio service, public mobile service, or

commercial mobile service, as those terms are defined in 47

U.S.C. 332 on the effective date of this amendatory Act of

the 96th General Assembly or as amended thereafter, as

eligible telecommunications carriers in Illinois, as that

term has the meaning prescribed in 47 U.S.C. 214 on the

effective date of this amendatory Act of the 96th General

Assembly or as amended thereafter;

(C) the Commission shall have the authority to register

providers of fixed or non-nomadic Interconnected VoIP

service as Interconnected VoIP service providers in

Illinois in accordance with Section 401.1 of this Article;

(D) the Commission shall have the authority to require

providers of Interconnected VoIP service to participate in

hearing and speech disability programs; and

(E) the Commission shall have the authority to access

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information provided to the non-profit organization under

Section 20 of the High Speed Internet Services and

Information Technology Act, provided the Commission enters

into a proprietary and confidentiality agreement governing

such information.

Except to the extent expressly permitted by and consistent

with federal law, the regulations of the Federal Communications

Commission, this Article, or Article XXI or XXII of this Act,

the Commission shall not regulate the rates, terms, conditions,

quality of service, availability, classification, or any other

aspect of service regarding (i) broadband services, (ii)

Interconnected VoIP services, (iii) information services, as

defined in 47 U.S.C. 153(20) on the effective date of this

amendatory Act of the 96th General Assembly or as amended

thereafter, or (iv) wireless services, including, but not

limited to, private radio service, public mobile service, or

commercial mobile service, as those terms are defined in 47

U.S.C. 332 on the effective date of this amendatory Act of the

96th General Assembly or as amended thereafter.

(220 ILCS 5/13-900.1 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-900.1. Authority over 9-1-1 rates and terms of

service. Notwithstanding any other provision of this Article,

the Commission retains its full authority over the rates and

service quality as they apply to 9-1-1 system providers,

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including the Commission's existing authority over

interconnection with 9-1-1 system providers and 9-1-1 systems.

The rates, terms, and conditions for 9-1-1 service shall be

tariffed and shall be provided in the manner prescribed by this

Act and shall be subject to the applicable laws, including

rules or regulations adopted and orders issued by the

Commission or the Federal Communications Commission. The

Commission retains this full authority regardless of the

technologies utilized or deployed by 9-1-1 system providers.

(220 ILCS 5/13-900.2 new)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-900.2. Access services.

(a) This Section shall apply to switched access rates

charged by all carriers other than Electing Providers whose

switched access rates are governed by subsection (g) of Section

13-506.2 of this Act.

(b) Except as otherwise provided in subsection (c) of this

Section, the rates of any telecommunications carrier,

including, but not limited to, competitive local exchange

carriers, providing intrastate switched access service shall

be reduced to rates no higher than the carrier's rates for

interstate switched access service as follows:

(1) by January 1, 2011, each telecommunications

carrier must reduce its intrastate switched access rates by

an amount equal to 50% of the difference between its

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current intrastate switched access rates and its then

current interstate switched access rates;

(2) by January 1, 2012, each telecommunications

carrier must further reduce its intrastate switched access

rates by an amount equal to 50% of the difference between

its current intrastate switched access rates and its then

current interstate switched access rates;

(3) by July 1, 2012, each telecommunications carrier

must reduce its intrastate switched access rates to mirror

its then current interstate switched access rates and rate

structure.

Following 24 months after the effective date of this

amendatory Act of the 96th General Assembly, each

telecommunications carrier must continue to set its intrastate

switched access rates to mirror its interstate switched access

rates and rate structure. For purposes of this Section, the

rate for intrastate switched access service means the

composite, per-minute rate for that service, including all

applicable fixed and traffic-sensitive charges, including, but

not limited to, carrier common line charges.

(c) Subsection (b) of this Section shall not apply to

incumbent local exchange carriers serving 35,000 or fewer

access lines.

(d) Nothing in subsection (b) of this Section prohibits a

telecommunications carrier from electing to offer intrastate

switched access service at rates lower than its interstate

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rates.

(e) The Commission shall have no authority to order a

telecommunications carrier to set its rates for intrastate

switched access at a level lower than its interstate switched

access rates.

(220 ILCS 5/13-1200)

(Section scheduled to be repealed on July 1, 2010)

Sec. 13-1200. Repealer. This Article is repealed July 1,

2013 2010.

(Source: P.A. 95-9, eff. 6-30-07; 96-24, eff. 6-30-09.)

(220 ILCS 5/22-501)

Sec. 22-501. Customer service and privacy protection. All

cable or video providers in this State shall comply with the

following customer service requirements and privacy

protections. The provisions of this Act shall not apply to an

incumbent cable operator prior to January 1, 2008. For purposes

of this paragraph, an incumbent cable operator means a person

or entity that provided cable services in a particular area

under a franchise agreement with a local unit of government

pursuant to Section 11-42-11 of the Illinois Municipal Code or

Section 5-1095 of the Counties Code on January 1, 2007. A

master antenna television, satellite master antenna

television, direct broadcast satellite, multipoint

distribution service, and other provider of video programming

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shall only be subject to the provisions of this Article to the

extent permitted by federal law.

The following definitions apply to the terms used in this

Article:

"Basic cable or video service" means any service offering

or tier that includes the retransmission of local television

broadcast signals.

"Cable or video provider" means any person or entity

providing cable service or video service pursuant to

authorization under (i) the Cable and Video Competition Law of

2007; (ii) Section 11-42-11 of the Illinois Municipal Code;

(iii) Section 5-1095 of the Counties Code; or (iv) a master

antenna television, satellite master antenna television,

direct broadcast satellite, multipoint distribution services,

and other providers of video programming, whatever their

technology. A cable or video provider shall not include a

landlord providing only broadcast video programming to a

single-family home or other residential dwelling consisting of

4 units or less.

"Franchise" has the same meaning as found in 47 U.S.C.

522(9).

"Local unit of government" means a city, village,

incorporated town, or a county.

"Normal business hours" means those hours during which most

similar businesses in the geographic area of the local unit of

government are open to serve customers. In all cases, "normal

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business hours" must include some evening hours at least one

night per week or some weekend hours.

"Normal operating conditions" means those service

conditions that are within the control of cable or video

providers. Those conditions that are not within the control of

cable or video providers include, but are not limited to,

natural disasters, civil disturbances, power outages,

telephone network outages, and severe or unusual weather

conditions. Those conditions that are ordinarily within the

control of cable or video providers include, but are not

limited to, special promotions, pay-per-view events, rate

increases, regular peak or seasonal demand periods, and

maintenance or upgrade of the cable service or video service

network.

"Service interruption" means the loss of picture or sound

on one or more cable service or video service on one or more

cable or video channels.

"Service line drop" means the point of connection between a

premises and the cable or video network that enables the

premises to receive cable service or video service.

(a) General customer service standards:

(1) Cable or video providers shall establish general

standards related to customer service, which shall

include, but not be limited to, installation,

disconnection, service and repair obligations; appointment

hours and employee ID requirements; customer service

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telephone numbers and hours; procedures for billing,

charges, deposits, refunds, and credits; procedures for

termination of service; notice of deletion of programming

service; changes related to transmission of programming;

changes or increases in rates; the use and availability of

parental control or lock-out devices; the use and

availability of an A/B switch if applicable; complaint

procedures and procedures for bill dispute resolution; a

description of the rights and remedies available to

consumers if the cable or video provider does not

materially meet its customer service standards; and

special services for customers with visual, hearing, or

mobility disabilities.

(2) Cable or video providers' rates for each level of

service, rules, regulations, and policies related to its

cable service or video service described in paragraph (1)

of this subsection (a) must be made available to the public

and displayed clearly and conspicuously on the cable or

video provider's site on the Internet. If a promotional

price or a price for a specified period of time is offered,

the cable or video provider shall display the price at the

end of the promotional period or specified period of time

clearly and conspicuously with the display of the

promotional price or price for a specified period of time.

The cable or video provider shall provide this information

upon request.

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(3) Cable or video providers shall provide notice

concerning their general customer service standards to all

customers. This notice shall be offered when service is

first activated and annually thereafter. The information

in the notice shall include all of the information

specified in paragraph (1) of this subsection (a), as well

as the following: a listing of services offered by the

cable or video providers, which shall clearly describe

programming for all services and all levels of service; the

rates for all services and levels of service; a telephone

number through which customers may subscribe to, change, or

terminate service, request customer service, or seek

general or billing information; instructions on the use of

the cable or video services; and a description of rights

and remedies that the cable or video providers shall make

available to their customers if they do not materially meet

the general customer service standards described in this

Act.

(b) General customer service obligations:

(1) Cable or video providers shall render reasonably

efficient service, promptly make repairs, and interrupt

service only as necessary and for good cause, during

periods of minimum use of the system and for no more than

24 hours.

(2) All service representatives or any other person who

contacts customers or potential customers on behalf of the

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cable or video provider shall have a visible identification

card with their name and photograph and shall orally

identify themselves upon first contact with the customer.

Customer service representatives shall orally identify

themselves to callers immediately following the greeting

during each telephone contact with the public.

(3) The cable or video providers shall: (i) maintain a

customer service facility within the boundaries of a local

unit of government staffed by customer service

representatives that have the capacity to accept payment,

adjust bills, and respond to repair, installation,

reconnection, disconnection, or other service calls and

distribute or receive converter boxes, remote control

units, digital stereo units, or other equipment related to

the provision of cable or video service; (ii) provide

customers with bill payment facilities through retail,

financial, or other commercial institutions located within

the boundaries of a local unit of government; (iii) provide

an address, toll-free telephone number or electronic

address to accept bill payments and correspondence and

provide secure collection boxes for the receipt of bill

payments and the return of equipment, provided that if a

cable or video provider provides secure collection boxes,

it shall provide a printed receipt when items are

deposited; or (iv) provide an address, toll-free telephone

number, or electronic address to accept bill payments and

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correspondence and provide a method for customers to return

equipment to the cable or video provider at no cost to the

customer.

(4) In each contact with a customer, the service

representatives or any other person who contacts customers

or potential customers on behalf of the cable or video

provider shall state the estimated cost of the service,

repair, or installation orally prior to delivery of the

service or before any work is performed, shall provide the

customer with an oral statement of the total charges before

terminating the telephone call or other contact in which a

service is ordered, whether in-person or over the Internet,

and shall provide a written statement of the total charges

before leaving the location at which the work was

performed. In the event that the cost of service is a

promotional price or is for a limited period of time, the

cost of service at the end of the promotion or limited

period of time shall be disclosed.

(5) Cable or video providers shall provide customers a

minimum of 30 days' written notice before increasing rates

or eliminating transmission of programming and shall

submit the notice to the local unit of government in

advance of distribution to customers, provided that the

cable or video provider is not in violation of this

provision if the elimination of transmission of

programming was outside the control of the provider, in

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which case the provider shall use reasonable efforts to

provide as much notice as possible, and any rate decrease

related to the elimination of transmission of programming

shall be applied to the date of the change.

(6) Cable or video providers shall provide clear visual

and audio reception that meets or exceeds applicable

Federal Communications Commission technical standards. If

a customer experiences poor video or audio reception due to

the equipment of the cable or video provider, the cable or

video provider shall promptly repair the problem at its own

expense.

(c) Bills, payment, and termination:

(1) Cable or video providers shall render monthly bills

that are clear, accurate, and understandable.

(2) Every residential customer who pays bills directly

to the cable or video provider shall have at least 28 days

from the date of the bill to pay the listed charges.

(3) Customer payments shall be posted promptly. When

the payment is sent by United States mail, payment is

considered paid on the date it is postmarked.

(4) Cable or video providers may not terminate

residential service for nonpayment of a bill unless the

cable or video provider furnishes notice of the delinquency

and impending termination at least 21 days prior to the

proposed termination. Notice of proposed termination shall

be mailed, postage prepaid, to the customer to whom service

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is billed. Notice of proposed termination shall not be

mailed until the 29th day after the date of the bill for

services. Notice of delinquency and impending termination

may be part of a billing statement only if the notice is

presented in a different color than the bill and is

designed to be conspicuous. The cable or video providers

may not assess a late fee prior to the 29th day after the

date of the bill for service.

(5) Every notice of impending termination shall

include all of the following: the name and address of

customer; the amount of the delinquency; the date on which

payment is required to avoid termination; and the telephone

number of the cable or video provider's service

representative to make payment arrangements and to provide

additional information about the charges for failure to

return equipment and for reconnection, if any. No customer

may be charged a fee for termination or disconnection of

service, irrespective of whether the customer initiated

termination or disconnection or the cable or video provider

initiated termination or disconnection.

(6) Service may only be terminated on days when the

customer is able to reach a service representative of the

cable or video providers, either in person or by telephone.

(7) Any service terminated by a cable or video provider

without good cause shall be restored without any

reconnection fee, charge, or penalty; good cause for

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termination includes, but is not limited to, failure to pay

a bill by the date specified in the notice of impending

termination, payment by check for which there are

insufficient funds, theft of service, abuse of equipment or

personnel, or other similar subscriber actions.

(8) Cable or video providers shall cease charging a

customer for any or all services within one business day

after it receives a request to immediately terminate

service or on the day requested by the customer if such a

date is at least 5 days from the date requested by the

customer. Nothing in this subsection (c) shall prohibit the

provider from billing for charges that the customer incurs

prior to the date of termination. Cable or video providers

shall issue a credit or a refund or return a deposit within

10 business days after the close of the customer's billing

cycle following the request for termination or the return

of equipment, if any, whichever is later.

(9) The customers or subscribers of a cable or video

provider shall be allowed to disconnect their service at

any time within the first 60 days after subscribing to or

upgrading the service. Within this 60-day period, cable or

video providers shall not charge or impose any fees or

penalties on the customer for disconnecting service,

including, but not limited to, any installation charge or

the imposition of an early termination charge, except the

cable or video provider may impose a charge or fee to

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offset any rebates or credits received by the customer and

may impose monthly service or maintenance charges,

including pay-per-view and premium services charges,

during such 60-day period.

(10) Cable and video providers shall guarantee

customer satisfaction for new or upgraded service and the

customer shall receive a pro-rata credit in an amount equal

to the pro-rata charge for the remaining days of service

being disconnected or replaced upon the customers request

if the customer is dissatisfied with the service and

requests to discontinue the service within the first 60

days after subscribing to the upgraded service.

(d) Response to customer inquiries:

(1) Cable or video providers will maintain a toll-free

telephone access line that is available to customers 24

hours a day, 7 days a week to accept calls regarding

installation, termination, service, and complaints.

Trained, knowledgeable, qualified service representatives

of the cable or video providers will be available to

respond to customer telephone inquiries during normal

business hours. Customer service representatives shall be

able to provide credit, waive fees, schedule appointments,

and change billing cycles. Any difficulties that cannot be

resolved by the customer service representatives shall be

referred to a supervisor who shall make his or her best

efforts to resolve the issue immediately. If the supervisor

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does not resolve the issue to the customer's satisfaction,

the customer shall be informed of the cable or video

provider's complaint procedures and procedures for billing

dispute resolution and given a description of the rights

and remedies available to customers to enforce the terms of

this Article, including the customer's rights to have the

complaint reviewed by the local unit of government, to

request mediation, and to review in a court of competent

jurisdiction.

(2) After normal business hours, the access line may be

answered by a service or an automated response system,

including an answering machine. Inquiries received by

telephone or e-mail after normal business hours shall be

responded to by a trained service representative on the

next business day. The cable or video provider shall

respond to a written billing inquiry within 10 days of

receipt of the inquiry.

(3) Cable or video providers shall provide customers

seeking non-standard installations with a total

installation cost estimate and an estimated date of

completion. The actual charge to the customer shall not

exceed 10% of the estimated cost without the written

consent of the customer.

(4) If the cable or video provider receives notice that

an unsafe condition exists with respect to its equipment,

it shall investigate such condition immediately and shall

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take such measures as are necessary to remove or eliminate

the unsafe condition. The cable or video provider shall

inform the local unit of government promptly, but no later

than 2 hours after it receives notification of an unsafe

condition that it has not remedied.

(5) Under normal operating conditions, telephone

answer time by the cable or video provider's customer

representative, including wait time, shall not exceed 30

seconds when the connection is made. If the call needs to

be transferred, transfer time shall not exceed 30 seconds.

These standards shall be met no less than 90% of the time

under normal operating conditions, measured on a quarterly

basis.

(6) Under normal operating conditions, the cable or

video provider's customers will receive a busy signal less

than 3% of the time.

(e) Under normal operating conditions, each of the

following standards related to installations, outages, and

service calls will be met no less than 95% of the time measured

on a quarterly basis:

(1) Standard installations will be performed within 7

business days after an order has been placed. "Standard"

installations are those that are located up to 125 feet

from the existing distribution system.

(2) Excluding conditions beyond the control of the

cable or video providers, the cable or video providers will

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begin working on "service interruptions" promptly and in no

event later than 24 hours after the interruption is

reported by the customer or otherwise becomes known to the

cable or video providers. Cable or video providers must

begin actions to correct other service problems the next

business day after notification of the service problem and

correct the problem within 48 hours after the interruption

is reported by the customer 95% of the time, measured on a

quarterly basis.

(3) The "appointment window" alternatives for

installations, service calls, and other installation

activities will be either a specific time or, at a maximum,

a 4-hour time block during evening, weekend, and normal

business hours. The cable or video provider may schedule

service calls and other installation activities outside of

these hours for the express convenience of the customer.

(4) Cable or video providers may not cancel an

appointment with a customer after 5:00 p.m. on the business

day prior to the scheduled appointment. If the cable or

video provider's representative is running late for an

appointment with a customer and will not be able to keep

the appointment as scheduled, the customer will be

contacted. The appointment will be rescheduled, as

necessary, at a time that is convenient for the customer,

even if the rescheduled appointment is not within normal

business hours.

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(f) Public benefit obligation:

(1) All cable or video providers offering service

pursuant to the Cable and Video Competition Law of 2007,

the Illinois Municipal Code, or the Counties Code shall

provide a free service line drop and free basic service to

all current and future public buildings within their

footprint, including, but not limited to, all local unit of

government buildings, public libraries, and public primary

and secondary schools, whether owned or leased by that

local unit of government ("eligible buildings"). Such

service shall be used in a manner consistent with the

government purpose for the eligible building and shall not

be resold.

(2) This obligation only applies to those cable or

video service providers whose cable service or video

service systems pass eligible buildings and its cable or

video service is generally available to residential

subscribers in the same local unit of government in which

the eligible building is located. The burden of providing

such service at each eligible building shall be shared by

all cable and video providers whose systems pass the

eligible buildings in an equitable and competitively

neutral manner, and nothing herein shall require

duplicative installations by more than one cable or video

provider at each eligible building. Cable or video

providers operating in a local unit of government shall

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meet as necessary and determine who will provide service to

eligible buildings under this subsection (f). If the cable

or video providers are unable to reach an agreement, they

shall meet with the local unit of government, which shall

determine which cable or video providers will serve each

eligible building. The local unit of government shall bear

the costs of any inside wiring or video equipment costs not

ordinarily provided as part of the cable or video

provider's basic offering.

(g) After the cable or video providers have offered service

for one year, the cable or video providers shall make an annual

report to the Commission, to the local unit of government, and

to the Attorney General that it is meeting the standards

specified in this Article, identifying the number of complaints

it received over the prior year in the State and specifying the

number of complaints related to each of the following: (1)

billing, charges, refunds, and credits; (2) installation or

termination of service; (3) quality of service and repair; (4)

programming; and (5) miscellaneous complaints that do not fall

within these categories. Thereafter, the cable or video

providers shall also provide, upon request by the local unit of

government where service is offered and to the Attorney

General, an annual public report that includes performance data

described in subdivisions (5) and (6) of subsection (d) and

subdivisions (1) and (2) of subsection (e) of this Section for

cable services or video services. The performance data shall be

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disaggregated for each requesting local unit of government or

local exchange, as that term is defined in Section 13-206 of

this Act, in which the cable or video providers have customers.

(h) To the extent consistent with federal law, cable or

video providers shall offer the lowest-cost basic cable or

video service as a stand-alone service to residential customers

at reasonable rates. Cable or video providers shall not require

the subscription to any service other than the lowest-cost

basic service or to any telecommunications or information

service, as a condition of access to cable or video service,

including programming offered on a per channel or per program

basis. Cable or video providers shall not discriminate between

subscribers to the lowest-cost basic service, subscribers to

other cable services or video services, and other subscribers

with regard to the rates charged for cable or video programming

offered on a per channel or per program basis.

(i) To the extent consistent with federal law, cable or

video providers shall ensure that charges for changes in the

subscriber's selection of services or equipment shall be based

on the cost of such change and shall not exceed nominal amounts

when the system's configuration permits changes in service tier

selection to be effected solely by coded entry on a computer

terminal or by other similarly simple method.

(j) To the extent consistent with federal law, cable or

video providers shall have a rate structure for the provision

of cable or video service that is uniform throughout the area

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within the boundaries of the local unit of government. This

subsection (j) is not intended to prohibit bulk discounts to

multiple dwelling units or to prohibit reasonable discounts to

senior citizens or other economically disadvantaged groups.

(k) To the extent consistent with federal law, cable or

video providers shall not charge a subscriber for any service

or equipment that the subscriber has not affirmatively

requested by name. For purposes of this subsection (k), a

subscriber's failure to refuse a cable or video provider's

proposal to provide service or equipment shall not be deemed to

be an affirmative request for such service or equipment.

(l) No contract or service agreement containing an early

termination clause offering residential cable services or

video services or any bundle including such services shall be

for a term longer than 2 years one year. Any contract or

service offering with a term of service that contains an early

termination fee shall limit the early termination fee to not

more than the value of any additional goods or services

provided with the cable or video services, the amount of the

discount reflected in the price for cable services or video

services for the period during which the consumer benefited

from the discount, or a declining fee based on the remainder of

the contract term.

(m) Cable or video providers shall not discriminate in the

provision of services for the hearing and visually impaired,

and shall comply with the accessibility requirements of 47

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U.S.C. 613. Cable or video providers shall deliver and pick-up

or provide customers with pre-paid shipping and packaging for

the return of converters and other necessary equipment at the

home of customers with disabilities. Cable or video providers

shall provide free use of a converter or remote control unit to

mobility impaired customers.

(n)(1) To the extent consistent with federal law, cable or

video providers shall comply with the provisions of 47 U.S.C.

532(h) and (j). The cable or video providers shall not exercise

any editorial control over any video programming provided

pursuant to this Section, or in any other way consider the

content of such programming, except that a cable or video

provider may refuse to transmit any leased access program or

portion of a leased access program that contains obscenity,

indecency, or nudity and may consider such content to the

minimum extent necessary to establish a reasonable price for

the commercial use of designated channel capacity by an

unaffiliated person. This subsection (n) shall permit cable or

video providers to enforce prospectively a written and

published policy of prohibiting programming that the cable or

video provider reasonably believes describes or depicts sexual

or excretory activities or organs in a patently offensive

manner as measured by contemporary community standards.

(2) Upon customer request, the cable or video provider

shall, without charge, fully scramble or otherwise fully

block the audio and video programming of each channel

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carrying such programming so that a person who is not a

subscriber does not receive the channel or programming.

(3) In providing sexually explicit adult programming

or other programming that is indecent on any channel of its

service primarily dedicated to sexually oriented

programming, the cable or video provider shall fully

scramble or otherwise fully block the video and audio

portion of such channel so that a person who is not a

subscriber to such channel or programming does not receive

it.

(4) Scramble means to rearrange the content of the

signal of the programming so that the programming cannot be

viewed or heard in an understandable manner.

(o) Cable or video providers will maintain a listing,

specific to the level of street address, of the areas where its

cable or video services are available. Customers who inquire

about purchasing cable or video service shall be informed about

whether the cable or video provider's cable or video services

are currently available to them at their specific location.

(p) Cable or video providers shall not disclose the name,

address, telephone number or other personally identifying

information of a cable service or video service customer to be

used in mailing lists or to be used for other commercial

purposes not reasonably related to the conduct of its business

unless the cable or video provider has provided to the customer

a notice, separately or included in any other customer service

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notice, that clearly and conspicuously describes the

customer's ability to prohibit the disclosure. Cable or video

providers shall provide an address and telephone number for a

customer to use without a toll charge to prevent disclosure of

the customer's name and address in mailing lists or for other

commercial purposes not reasonably related to the conduct of

its business to other businesses or affiliates of the cable or

video provider. Cable or video providers shall comply with the

consumer privacy requirements of the Communications Consumer

Privacy Act, the Restricted Call Registry Act, and 47 U.S.C.

551 that are in effect as of June 30, 2007 (the effective date

of Public Act 95-9) and as amended thereafter.

(q) Cable or video providers shall implement an informal

process for handling inquiries from local units of government

and customers concerning billing issues, service issues,

privacy concerns, and other consumer complaints. In the event

that an issue is not resolved through this informal process, a

local unit of government or the customer may request nonbinding

mediation with the cable or video provider, with each party to

bear its own costs of such mediation. Selection of the mediator

will be by mutual agreement, and preference will be given to

mediation services that do not charge the consumer for their

services. In the event that the informal process does not

produce a satisfactory result to the customer or the local unit

of government, enforcement may be pursued as provided in

subdivision (4) of subsection (r) of this Section.

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(r) The Attorney General and the local unit of government

may enforce all of the customer service and privacy protection

standards of this Section with respect to complaints received

from residents within the local unit of government's

jurisdiction, but it may not adopt or seek to enforce any

additional or different customer service or performance

standards under any other authority or provision of law.

(1) The local unit of government may, by ordinance,

provide a schedule of penalties for any material breach of

this Section by cable or video providers in addition to the

penalties provided herein. No monetary penalties shall be

assessed for a material breach if it is out of the

reasonable control of the cable or video providers or its

affiliate. Monetary penalties adopted in an ordinance

pursuant to this Section shall apply on a competitively

neutral basis to all providers of cable service or video

service within the local unit of government's

jurisdiction. In no event shall the penalties imposed under

this subsection (r) exceed $750 for each day of the

material breach, and these penalties shall not exceed

$25,000 for each occurrence of a material breach per

customer.

(2) For purposes of this Section, "material breach"

means any substantial failure of a cable or video service

provider to comply with service quality and other standards

specified in any provision of this Act. The Attorney

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General or the local unit of government shall give the

cable or video provider written notice of any alleged

material breaches of this Act and allow such provider at

least 30 days from receipt of the notice to remedy the

specified material breach.

(3) A material breach, for the purposes of assessing

penalties, shall be deemed to have occurred for each day

that a material breach has not been remedied by the cable

service or video service provider after the expiration of

the period specified in subdivision (2) of this subsection

(r) in each local unit of government's jurisdiction,

irrespective of the number of customers affected.

(4) Any customer, the Attorney General, or a local unit

of government may pursue alleged violations of this Act by

the cable or video provider in a court of competent

jurisdiction. A cable or video provider may seek judicial

review of a decision of a local unit of government imposing

penalties in a court of competent jurisdiction. No local

unit of government shall be subject to suit for damages or

other relief based upon its action in connection with its

enforcement or review of any of the terms, conditions, and

rights contained in this Act except a court may require the

return of any penalty it finds was not properly assessed or

imposed.

(s) Cable or video providers shall credit customers for

violations in the amounts stated herein. The credits shall be

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applied on the statement issued to the customer for the next

monthly billing cycle following the violation or following the

discovery of the violation. Cable or video providers are

responsible for providing the credits described herein and the

customer is under no obligation to request the credit. If the

customer is no longer taking service from the cable or video

provider, the credit amount will be refunded to the customer by

check within 30 days of the termination of service. A local

unit of government may, by ordinance, adopt a schedule of

credits payable directly to customers for breach of the

customer service standards and obligations contained in this

Article, provided the schedule of customer credits applies on a

competitively neutral basis to all providers of cable service

or video service in the local unit of government's jurisdiction

and the credits are not greater than the credits provided in

this Section.

(1) Failure to provide notice of customer service

standards upon initiation of service: $25.00.

(2) Failure to install service within 7 days: Waiver of

50% of the installation fee or the monthly fee for the

lowest-cost basic service, whichever is greater. Failure

to install service within 14 days: Waiver of 100% of the

installation fee or the monthly fee for the lowest-cost

basic service, whichever is greater.

(3) Failure to remedy service interruptions or poor

video or audio service quality within 48 hours: Pro-rata

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credit of total regular monthly charges equal to the number

of days of the service interruption.

(4) Failure to keep an appointment or to notify the

customer prior to the close of business on the business day

prior to the scheduled appointment: $25.00.

(5) Violation of privacy protections: $150.00.

(6) Failure to comply with scrambling requirements:

$50.00 per month.

(7) Violation of customer service and billing

standards in subsections (c) and (d) of this Section:

$25.00 per occurrence.

(8) Violation of the bundling rules in subsection (h)

of this Section: $25.00 per month.

(t) The enforcement powers granted to the Attorney General

in Article XXI of this Act shall apply to this Article, except

that the Attorney General may not seek penalties for violation

of this Article other than in the amounts specified herein.

Nothing in this Section shall limit or affect the powers of the

Attorney General to enforce the provisions of Article XXI of

this Act or the Consumer Fraud and Deceptive Business Practices

Act.

(u) This Article applies to all cable and video providers

in the State, including but not limited to those operating

under a local franchise as that term is used in 47 U.S.C.

522(9), those operating under authorization pursuant to

Section 11-42-11 of the Illinois Municipal Code, those

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operating under authorization pursuant to Section 5-1095 of the

Counties Code, and those operating under a State-issued

authorization pursuant to Article XXI of this Act.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/13-402.1 rep.)

(220 ILCS 5/13-408 rep.)

(220 ILCS 5/13-409 rep.)

(220 ILCS 5/13-505.1 rep.)

(220 ILCS 5/13-505.7 rep.)

(220 ILCS 5/13-506 rep.)

(220 ILCS 5/13-511 rep.)

(220 ILCS 5/13-802 rep.)

Section 15. The Public Utilities Act is amended by

repealing Sections 13-402.1, 13-408, 13-409, 13-505.1,

13-505.7, 13-506, 13-511, and 13-802.

Section 90. Nothing in this amendatory Act of the 96th

General Assembly shall be construed or interpreted to abate,

suspend, alter, or otherwise affect (i) any decision or (ii)

any condition that is rendered by the Illinois Commerce

Commission pursuant to Section 7-204 of the Illinois Public

Utilities Act between April 1, 2010 and July 1, 2010.

Section 99. Effective date. This Act takes effect upon

becoming law.".

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